S.42 NDPS Act | Gazetted Police Officer Can Cause Lawful Search Of Enclosed Spaces 'Whether By Day Or Night': P&H High Court, Case Title: Navjot Singh @ Jota Versus State Of Punjab. The Delhi High Court on Friday observed that if the contraband seized falls within the provisions of Narcotic Drugs and Psychotropic Substances Act, 1985, the weight of the neutral substance would not be ignored while determining the nature of the quantity seized, whether small quantity, commercial quantity or in between. 43. After careful scrutiny of section 37 of the NDPS Act 1985 we find that the exercise of power to grant bail is not only subject to the limitations contained in section 439 Cr.P.C, but is also subject to the limitations placed by section 37 which commences with non-obstante clause", the Court underscored further. Right To Speedy Trial Can't Remain Dead Letter: Delhi High Court Grants Bail To Person Accused With Commercial Quantity Ecstasy. Justice A. Badharudeen observed, "a mere re-production of the application or request of the Investigating Officer by the Public Prosecutor in his report, without demonstration of the application of his mind and record of his own satisfaction would not render his report as the one envisaged under Section 36-A(4) of the Act. Case Title : Phool Chand Vs Narcotics Control Bureau. The Karnataka High Court while rejecting a bail application by an accused charged under provisions of the Narcotics Drugs and Psychotropic Substance Act (NDPS) has reiterated that merely because the chemical analysis report of the contraband seized is not received within 15 days, it is not a ground to release the accused on bail. Subscribe to Live Law now and get unlimited access. The Jammu and Kashmir and Ladakh High Court ruled that conditions imposed by the court Section 439(1)(a) CrPC while granting bail cannot by any stretch of imagination be construed to mean that accused person is in custody so as to claim the computation of such period in reckoning the period of 180 days of detention to acquire the statutory right of default bail under proviso to sub-section (2) of Section 167 CrPC read with Section 36A(4) of the NDPS Act. The court made the observation while granting bail to Pratap Singh, who was in custody in the case since March 09 last year. 2,52,15,350 was found. 2 (wife of accused no.1) for offences under Sections 8(c), 20(b) and 29 of the NDPS Act. Here is a Digest on decisions relating to Narcotic Drugs and Psychotropic Substances Act, 1985:1. Therefore, it is as a preparation, mixture, or neutral substance within the meaning of the NDPS Act. 30. "The term "conscious possession" is not capable of precise and complete logical definition of universal application in the context of all the statute and the knowledge of possession of contraband has to be ascertained from the fact and circumstances of the case," Justice Sanjay Dhar observed. 49. The Kerala High Court has reiterated that the request of an investigating officer seeking extension of statutory 180 days period is not a substitute for the report of public prosecutor as envisaged under Section 36A of the NDPS Act. In this case, the Petitioner was the source person for Pseudoephedrine drug for a business chain operating in Punjab, Haryana, and Delhi. "Speedy Justice is a Fundamental Right enshrined under the ambit of Article 21 of the Constitution of India, and the same needs to be given effect by this Court in letter and in spirit, else it will remain as a dead letter of law," the Delhi High Court observed on Tuesday. NDPS ACT | Minor Discrepancy In Sample's Weight Sent To Forensic Lab Can't Shake Roots Of Prosecution's Case: Allahabad High Court, Case title - Chhotey Lal v. U.O.I. NDPS Act | Violation Of Standing Orders During Contraband Sampling Leads To Adverse Inference Against Prosecution: Telangana High Court, Case Title: Baba Sow Chandekar & another v. The State of Telangana. Granting bail to a Nigerian in a drugs case after nearly four years of custody, the Delhi High Court has said that any recovery made without compliance of Section 50 of the NDPS Act "itself cannot be sustained" and no reliance can be placed on it. NDPS Act | Orissa High Court Grants Bail To Accused Who Was Not Heard Before Giving Extension To Submit Chargesheet, Case Title: Kartik Nag v. State of Odisha. 12. Prosecution in such cases primarily relies on the evidence of official witnesses particularly seizing officers to prove lawful recovery of contraband. Mandatory To Reveal Reasons For Arrest To Accused U/S 52 Of NDPS Act: Gujarat High Court Refuses To Quash Order Of Acquittal, Case Title: State Of Gujarat Versus Paramjit @Kali Himmatsingh Chima. A Single Judge Bench of Justice Bibhu Prasad Routray held, "It is the settled law that right guaranteed under Section 167(2) to the accused is indefeasible. The Supreme Court of Ohio today vacated a Marion County woman's drug possession conviction, finding police illegally searched a bookbag with a baggie sticking out from the zipper.. 83. NDPS Act | Non-Compliance Of Section 41 No Ground For Granting Bail, Rigours Of Section 37 Still Have To Be Met : Delhi High Court. "As per the provisions of the NDPS Act, the investigation has to be completed within 180 days from the date of arrest of the accused. Wife Of Accused Had No Knowledge Of Contraband, No Conscious Possession: Gujarat High Court Upholds Acquittal Under NDPS Act, Case Title: Union Of India Thro Amitkumar,Intelligence Officer Or His Successor In Office Versus State Of Gujarat. The Allahabad High Court has observed that the Magistrate/Special Judge, NDPS Act has the power to consider the application for the interim custody of the conveyance/ vehicle (seized under the NDPS Act) under the provision of Section 451 and 457 of Cr.P.C. Emphasising that procedure under Section 50 of the NDPS Act needs to be followed in a just and proper manner, the GujaratHigh Court has upheld the order of the trial court in acquitting the Respondent accused of offences under Sections 8(C), 20(B), 22 and 29 of the Narcotic Drugs and Psychotropic Substance Act. Justice Sanjay Dwivedi was essentially dealing with the bail applications moved by the Applicants accused U/S 8/20, 25, 27(a)/28 R/W Section 29 NDPS Act. NCB Officers Are Police Officers U/S 25 Of Evidence Act, Confessional Statement Made To Them U/S 67 NDPS Act Inadmissible: J&K&L High Court, Case Title: Ghulam Mohd Bhat v. Narcotics Control Bureau. To put it differently, temple premises being accessible to the public at large, it cannot be said that said premises were in exclusive possession and control of the applicant", the court said in its order. - 3607 of 2021]. Dismissing two bail pleas filed by Accused under the Narcotic Drug and Psychotropic Substances Act, the High Court has observed a minor discrepancy in the weight of the sample sent to the Forensic Laboratory cannot shake the roots of the prosecution case. In light of the recent Supreme Court rulings, it is vital that Michigan criminal defendants contact an experienced attorney to discuss the best defense in their specific case.Contact Michigan Defense Law at 248-451-2200 to schedule a free initial consultation with an attorney at our office. In December, the Court released an addendum to Almon v Hill, 2022 NSSC 310, a decision about the imputation of income for child support determinations. 59. The Delhi High Court has said that the question whether non-compliance of Section 41 of the Narcotic Drugs and Psychotropic Substances Act, 1985 in the process of arrest, search and seizure vitiates the trial is to be seen at the stage of trial and cannot have any bearing on grant of bail. 56. Search and Seizure Latest Search New York Troopers' Union Offices Searched by State Police Investigators A union lawyer said the search was part of an inquiry focused on "uncovering past. As the quantity of ganja that was seized from the possession of the petitioners is a commercial quantity, the bar and rigour contained in Section 37 of the NDPS Act applies to the present facts of the case. 22. However, many people, especially young college students, do not know about those rights and may unknowingly be the victims of unlawful drug searches. @ Kuran v. State. 82. Right To Speedy Trial: NDPS Accused Allegedly Found With 500Kg Contraband Gets Bail From Punjab & Haryana High Court After 3 Yrs, Case Title: Naib Singh v. State of Haryana. [CRIMINAL MISC. The Jammu and Kashmir and Ladakh High Court reiterated that merely because Section 37 of the NDPS Act comes into play where commercial quantity of contraband is involved, it does not mean that the accused cannot be entitled to bail whatever may be the circumstances that may be borne out from the record. "By imposition of such conditions, the physical custody of the accused does not vest with the Court as his movement is not in any way restricted. There may be myriad reasons for that ranging from false implication to winning over of such witnesses by resourceful accuseds." On search of almirah in Singh's house, a cash amount of Rs. Further, in spite of directions by the court, the Investigating Officer had not taken steps to number the final report. Justice Jasmeet Singh further observed that non-compliance of Section 41 of the enactment will not absolve the accused from the rigours of Section 37, which imposes strict conditions on grant of bail. Since the case was instituted under the NDPS Act, the court also recorded satisfaction regarding twin conditions for bail under Section 37 of the Act. 57. Justice Sanjay Dwivedi was essentially dealing with the bail applications moved by the Applicants accused U/S 8/20, 25, 27(a)/28 R/W Section 29 NDPS Act. No Bar On Granting Interim Custody Of The Vehicle Seized For Commission Of Offence Under NDPS Act: MP High Court, Case title - SURENDRA DHAKAD Vs THE STATE OF MADHYA PRADESH. S.25 NDPS Act | Gujarat High Court Denies Bail To Senior Citizen Over Recovery Of Poppy Straw Worth 16.6 Lakh From His Property, Case Title: Narughar Songhar Goswami V/S StateOf Gujarat. It contemplates substantial probable causes for believing that the accused is not guilty of the alleged offence. Rigors Of S.37 NDPS Act Can Be Relaxed In Cases Involving Commercial Quantity If There Is Delay In Conclusion Of Trial: Punjab & Haryana High Court, Case Title : Ghanso @ Kalo v. State of Punjab. The said petition was allowed by the Court and the period of time for completion of investigation was extended by another 180 days. NDPS Act | Standard Of "Conscious Possession" Different In Case Of A Public Transport As Opposed To Private Vehicle: J&K&L High Court. The investigation against him was complete and chargesheet was also filed before the Sessions Court. The High Court has said that merely on the ground that the vehicle is liable to confiscation under Section 60 of the NDPS Act, it cannot be held that once the vehicle is seized for the commission of offence under the NDPS Act, interim custody cannot be granted. Therefore, it was held that it is not possible for the Court to direct that the powers exercisable by the Magistrate under Section 52-A could be exercised by the Special Judge under Section 36. The Gauhati High Court recently denied anticipatory bail to a person in connection with a case registered under Section 21(c) / 29 of NDPS Act, 1985 holding that recovery or seizure of the contraband is not mandatory for their arrest, detention or even their conviction. The court passed the order on a reference by a single judge on whether LSD alone or the combined weight of LSD and blotting paper would be used to determine the weight the seized drug. As readers may know, S.L. The Bench of Justice Krishan Pahal granted bail to one Om Prakash Verma who claimed before the Court that the procedure laid down in the Standing Order to be followed while conducting seizure of the contraband was not followed in the instant case. United States of America v. City of Seattle. Justice SH Vora observed that though the senior citizen was not at the scene of offence or in the nearby vicinity, however, since he was the property owner, Section 25 of the Narcotic Drugs and Psychotropic Substances Act, 1985 is attracted to the case. The Punjab and Haryana High Court has held that in cases under the Narcotic Drugs and Psychotropic Substances Act, 1985, FSL report goes to the root of the case and hence a charge sheet filed without it cannot be treated as a complete chargesheet. Denial Of Speedy Trial Infringes Fundamental Right Under Article 21, May Be A Ground For Grant Of Bail: Delhi High Court, CASE TITLE: GURMITO v. CENTRAL BUREAU OF INVESTIGATION. The facts of the case were that brown sugar packaged in aplastic bag was retrieved from the Respondent, herein. The High Court reiterated that it is mandatory to issue notice and provide fair hearing to accused before extending time beyond statutory period to file chargesheet in cases relating to offences under the Narcotic Drugs and Psychotropic Substances Act, 1985 (NDPS Act). NDPS Offences Part Of An Organized Crime, Recovery Of Substance Not Necessary For Conviction: Gauhati High Court, Case Title: AMAL DAS v THE STATE OF ASSAM. 'Khad' Cannot Solely Be Interpreted To Mean Drugs: Delhi High Court, Grants Bail To Fertilizer Seller In NDPS Case, Title: Pratap Singh vs The State (NCT of Delhi). NDPS Act | ChargesheetWithout FSL Report Not Defective, No Ground For Default Bail U/S 167(2) CrPC: Karnataka High Court, Case Title: Sayyad Mohammad @ Nasim V State Of Karnataka Case No: Writ Petition No.5934 Of 2022. 42. Being familiar with these common college search scenarios might inform students how to respond in similar situations. You agree to our use of cookies by continuing to use our site. 68. Justice K. Surender noted that while drawing samples from the seized contraband, the investigating authority failed to specify as to from whom the said sample of Ganja was taken as 55 packets were seized from the 1st petitioner/A1 40 packets were seized from the 2nd petitioner/A2, 12 packets were seized from A10. The Gujarat High Court has refused regular bail underSection 439 of CrPC to a 66 years old man, from whose property contraband (Poppy Straw) worth Rs. After the ambulance left, they seized his weapons. NDPS Act | 180 Days Adequate To Conclude Investigation, Extension Should Be Sought On Rarest Of Rare Occasions: Punjab & Haryana High Court, Case Title: Jaswinder Singh Versus State Of Haryana. The Tripura High Court has made it clear that Section 63 of the Narcotic Drugs and Psychotropic Substances Act, 1985 does not bar the owner of a vehicle seized in raid to make an application seeking interim custody/ bail of his vehicle after expiry of thirty days from the date of seizure. Published The High Court dismissed the appeal of the Appellant-Authorities and confirmed the order of the acquittal by the lowerCourt on the grounds that the Respondent-Accused was not made aware of his right for being searched before the Magistrate, thereby breaching Section 50 of the NDPS Act. 'Temple From Which Ganja Was Recovered Was Not In His Exclusive Possession': Bombay High Court Grants Bail To Priest In NDPS Case, Case Title: Shantaram B. Dhoble v. State of Maharashtra. It also appears that neither such procedure is followed", 36. Justice Swarana Kanta Sharma made the observation while denying bail to one Gurjeet Singh in an FIR registered under sec. 11:30 AM EDT, Mon May 17, 2021. Civil Rights, Criminal Law Related Civil Cases, Diversity, Search and Seizure. 46. The Allahabad High Court recently granted bail to an accused under Narcotic Drugs and Psychotropic Substances Act as it noted that the constables of the Railway Police Force, who witnessed the alleged recovery, search, and seizure, cannot be said to be independent witnesses. Did you encounter any technical issues? Singh was found in possession of two polybags containing black colour material, later found to be "afeem". "Above all the charge-sheet, prima-facie, does not suggest that temple from which ganja was recovered, was in his exclusive possession of the applicant. Conjoint reading of Section 36A of NDPS Act and Section 167 of Cr. 69. Western District of Washington. When Drug Was Recovered On Driver's Body Search, It Can't Be Held That Vehicle Was Used For Conveying Contraband : Kerala High Court, Case Title: Wilson C.C. 3. The Bench comprising Justice SH Vora and Justice Sandeep Bhatt said, "IO while acting on prior information and before making search of a person, it is imperative for him to inform the respondent-accused about his right to sub-section (1) of Section 50 of the NDPSAct for being taken to the nearest Gazetted Officer or the Magistrate for making search in their presence. Compliance with the principles of natural justice ensures a fair trial. Right to fair trial is recognized as a part right to life enshrined in Article 21 of the Constitution of India. Two Years After Nigerian's Arrest In NDPS Case Chemical Analyzer Admits "Mistake" In FSL Report, Says No Illicit Drugs Recovered, Case Title: Novafor Samuel Inoamaobi v. The State of Maharashtra. The Punjab and Haryana High Court recently denied regular bail to an accused involved in a case registered in the year 2020 under Narcotic Drugs and Psychotropic Substances Act, 1985, over recovery of 120 grams heroin along with drug money. S.42 NDPS Act Not Applicable To Vehicle "In Transit", Not Mandatory To Obtain Warrant Even If Search Conducted After Sunset: P&H High Court, Case Title: Mandeep Kaur Versus State of Punjab , with connected matters. The Bench comprising Justice SH Vora remarkedthat her conscious possession as understood under the law does not surface evena reasonable doubt. The Allahabad High Court last week granted bail to a man booked under the Narcotic Drugs and Psychotropic Substances Act, 1985 (NDPS Act) from whose possession allegedly over 1 Quintal of Ganja was recovered. 8. Gazetted Officer Who Is Part Of Raid Is Not 'Independent', Personal Search Conducted By Him Does Not Constitute Compliance Of S.50 NDPS Act: Calcutta HC, Case Title: Ali Hossain Sk. 38. Sections 8(C)/18/29 of the NDPS Act after they were arrested from the general bogey of a Train for allegedly being in possession of a total of 7 KG of opium. by . Justice Sandeep Shinde while dealing with the bail application observed that prima facie, the temple was not in exclusive possession of the priest. Status Conference. "Issues Of Undertrials Standing Stubborn Against Face Of Democracy": Rajasthan HC Grants Bail To NDPS Accused In Jail For 6 Yrs. LiveLaw reported almost 7,000 orders and judgments in 2022 from various High Courts across the country. Shabbar Rashidi said that the call detail recording show the nexus of accused with a person arrested with commercial quantity contraband. Object Of Default Bail Inherently Linked With Article 21, Safeguards Accused's Life & Personal Liberty Against Arbitrary Detention: Delhi High Court, Title: SULEMAN v. THE STATE (NCT OF DELHI). A single judge bench of Justice H P Sandesh said,"Assistant Commissioner of Police is also a Gazetted OfficerSearch by the officer of the said department is not a bar and no law prescribes that he (suspect/accused) should be subjected to the personal search in the presence of the Gazetted Officer not belonging to the particular department. Justice Sandeep Sharma was of the view that this creates a suspicion about the correctness of the prosecution story; as usually, an identity card is kept in a purse or pocket, not in a bag that too with contraband. "Evidence of a public officer cannot be thrown only on the ground that he is a police officer," the High Court held while denying bail to an accused allegedly involved in a case pertaining to recover of 1,025 kg ganja. The Bench of Justice Deepak Kumar Agarwal further observed that the NDPS Act does not contain any bar regarding the grant of interim custody as contained in Section 52C of the Indian Forest Act, 1927. The development ensued in a State-appeal, preferred againstthe order of Special Judge, acquitting the Accused No. 73. Rafael Gonzalez, Esq., Cattie & Gonzalez, PLLC On June 10, 2022, the United States Supreme Court published its decision on Gallardo v. 71. Contraband Of Small Quantity Does Not Attract Embargo On Bail U/S 37 NDPS Act: Gujarat High Court Reiterates, Case Title: Mahendrabhai Manglabhai Bodat vsState Of Gujarat. 23. Justice Shekhar Kumar Yadav discarded the argument that the arresting officials did not comply with the mandatory provisions of search and seizure under the Narcotic Drugs and Psychotropic Substances Act. While allowing a criminal revision petition and granting statutory bail to a petitioner in a NDPS case, the Madras High Court observed that even if the investigating agency has filed an application seeking an extension of time for completing the investigation, the public prosecutor has to file a separate report, showing that he had applied his mind and was satisfied with the investigation. 28. In this backdrop, acceptance of the offer by the appellants to be searched before an officer who is a member of the raiding party cannot be said to be a voluntary expression of their desire to be searched before such officer. @ Ali Hussain Seikh v. Narcotics Control Bureau, The Calcutta High Court observed that a Gazetted Officer who is a member of the raiding party cannot be said to be an independent person and thus a desire expressed by accused persons to be searched by such an officer does not constitute a voluntary relinquishment of the right enshrined under Section 50 of the Narcotic Drugs and Psychotropic Substance Act. Power To Grant Regular Bail U/S 439 CrPC Is Subject To Conditions Laid Down In S.37 NDPS Act: Punjab & Haryana High Court Reiterates, Case Title: Harjeet Lal @ Laddu Vs. State of Punjab. "This Court is anxious over the fact that jails debilitate the under-trial prisoners and if after the long wait, the accused is ultimately acquitted, then how would the long years spent by the under-trial in custody be restored to him/her/themThe issue of a large number of under-trial prisoners and their poor living conditions has been standing stubborn against the otherwise incandescent face of our democracy," the bench of Justice Farjand Ali remarked. 16.6 lakh was seized. Commercial Quantity in relation to narcotic drugs and psychotropic substances is defined under Section 2(viia) of the Act. Emphasing that fair, just and reasonable procedure is implicit in Article 21 and it creates a right in the accused to be tried speedily, the Court observed: "This Court has consistently observed that while Courts must remain cognizant of the deleterious impact of drugs on society, it is also important to keep in mind that deprivation of personal liberty without the assurance of speedy trial contravenes the principles enshrined in our Constitution. "The compliance of such requirements should therefore, be complete and not left in doubt. April 10, 2022. Washington CNN The Supreme Court on Monday wiped away a lower court decision that held that law enforcement could enter a Rhode Island man's home and seize his firearms without a warrant. Evidence Of Public Officer Can't Be Disbelieved Merely Because He Is A Police Officer: Allahabad High Court Denies Bail In NDPS Case, Case Title: Shankar Varik @ Vikram v. Union of India. 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